Rule2022-20421
Air Plan Approval; Georgia; Revision of Enhanced Inspection and Maintenance Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 22, 2022
Effective
October 24, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving changes to State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources (GA DNR), Environmental Protection Division (GA EPD), in a letter dated April 30, 2021. The revisions remove obsolete references and provisions, clarify the State's inspection and maintenance (I/M) requirements, and update terminology, in part to reflect advances in test and vehicle technology. EPA evaluated the SIP revisions and determined the changes will not impact emissions under the Georgia I/M program. EPA also determined that approval of the SIP revisions will not interfere with attainment or maintenance of any national ambient air quality standard (NAAQS) or with any other applicable requirement of the Clean Air Act (CAA or Act). Therefore, EPA is approving the Georgia's April 30, 2021, SIP revisions as consistent with the applicable provisions of the CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 183 (Thursday, September 22, 2022)</title>
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[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57834-57836]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20421]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0342; FRL-9971-02-R4]
Air Plan Approval; Georgia; Revision of Enhanced Inspection and
Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to State Implementation Plan (SIP) revisions submitted by the State of
Georgia, through the Georgia Department of Natural Resources (GA DNR),
Environmental Protection Division (GA EPD), in a letter dated April 30,
2021. The revisions remove obsolete references and provisions, clarify
the State's inspection and maintenance (I/M) requirements, and update
terminology, in part to reflect advances in test and vehicle
technology. EPA evaluated the SIP revisions and determined the changes
will not impact emissions under the Georgia I/M program. EPA also
determined that approval of the SIP revisions will not interfere with
attainment or maintenance of any national ambient air quality standard
(NAAQS) or with any other applicable requirement of the Clean Air Act
(CAA or Act). Therefore, EPA is approving the Georgia's April 30, 2021,
SIP revisions as consistent with the applicable provisions of the CAA.
DATES: This rule is effective October 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0342. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9222. Ms. Kelly Sheckler can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#d1a2b9b4b2babdb4a3ffbab4bdbda891b4a1b0ffb6bea7"><span class="__cf_email__" data-cfemail="7a09121f1911161f0854111f1616033a1f0a1b541d150c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the Georgia SIP that were provided to
EPA under a cover letter dated April 30, 2021.\1\ Specifically, GA EPD
submitted changes to Georgia's Rule 391-3-20--Enhanced Inspection and
Maintenance (``Georgia I/M Regulation''), which were adopted by the GA
DNR Board of Directors and became state-effective on April 13, 2021.
The changes update the Georgia SIP to remove obsolete references,
requirements, and terminology, and update terminology to reflect
advances in technology. These proposed changes include removing and
revising definitions applicable to the Georgia I/M Regulation.
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\1\ EPA officially received Georgia's I/M SIP revision request
on May 4, 2021.
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Georgia's April 30, 2021, SIP revisions sought to modify the
following sections of the Georgia's SIP-approved I/M Regulation: Rule
391-3-20-.01--``Definitions''; Rule 391-3-20-.04--``Emission Inspection
Procedures''; Rule 391-3-20-.05--``Emission Standards''; Rule 391-3-
20-.07--``Inspection Equipment System Specifications''; Rule 391-3-
20-.09--``Inspection Station
[[Page 57835]]
Requirements''; and Rule 391-3-20-.11--``Inspector Qualifications and
Certification.''
On July 11, 2022, EPA published a notice of proposed rulemaking
(NPRM) to propose approval of the aforementioned changes to Georgia's
SIP. See 87 FR 41080. EPA's July 11, 2022, NPRM includes further detail
on the changes made in Georgia's April 30, 2021, submittal as well as
EPA's rationale for approving these changes to the SIP. Comments were
due on the July 11, 2022, NPRM on or before August 10, 2022, and EPA
received no comments on that proposal. Therefore, EPA is approving the
changes in this final action.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Georgia Rules 391-3-20-.01--
Definitions; 391-3-20-.04--Emission Inspection Procedures; 391-3-
20-.05--Emission Standards; 391-3-20-.07--Inspection Equipment System
Specifications; 391-3-20-.09--Inspection Station Requirements; and 391-
3-20-.11--Inspector Qualifications and Certification, all of which have
an effective date of April 13, 2021, into the Georgia SIP. EPA has made
and will continue to make these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, the revised materials
as stated above, have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action approving changes to the Georgia SIP
that were provided to EPA in a cover letter dated April 30, 2021. GA
EPD submitted changes to Georgia's Rule 391-3-20--Enhanced Inspection
and Maintenance (``Georgia I/M Regulation''), which were adopted by the
GA DNR Board of Directors and became state-effective on April 13, 2021.
Specifically, Georgia's April 30, 2021, SIP revisions modify the
following sections of the Georgia's SIP-approved I/M Regulation: Rule
391-3-20-.01--Definitions; Rule 391-3-20-.04 --Emission Inspection
Procedures; Rule 391-3-20-.05--Emission Standards; Rule 391-3-20-.07--
Inspection Equipment System Specifications; Rule 391-3-20-.09--
Inspection Station Requirements; and Rule 391-3-20-.11--Inspector
Qualifications and Certification.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 21, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Incorporation by reference, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
[[Page 57836]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. In Sec. 52.570(c), amend the table by revising the entries for
``391-3-20-.01'', ``391-3-20-.04'', ``391-3-20-.05'', ``391-3-20-.07'',
``391-3-20-.09'', and ``391-3-20-.11,'', to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
391-3-20-.01..................... Definitions........ 4/13/2021 9/22/2022, [Insert ...................
citation of
publication].
* * * * * * *
391-3-20-.04..................... Emission Inspection 4/13/2021 9/22/2022, [Insert ...................
Procedures. citation of
publication].
391-3-20-.05..................... Emission Standards. 4/13/2021 9/22/2022, [Insert ...................
citation of
publication].
* * * * * * *
391-3-20-.07..................... Inspection 4/13/2021 9/22/2022, [Insert ...................
Equipment System citation of
Specifications. publication].
* * * * * * *
391-3-20-.09..................... Inspection Station 4/13/2021 9/22/2022, [Insert ...................
Requirements. citation of
publication].
* * * * * * *
391-3-20-.11..................... Inspector 4/13/2021 9/22/2022, [Insert ...................
Qualifications and citation of
Certification. publication].
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[FR Doc. 2022-20421 Filed 9-21-22; 8:45 am]
BILLING CODE 6560-50-P
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